State of Iowa v. John Winston Lusk
15-1294
| Iowa Ct. App. | Aug 17, 2016Background
- Lusk was charged in Floyd County with two counts of second-degree sexual abuse involving relatives A.L. and C.L.
- During trial, Lusk moved in limine to bar expert testimony that vouches for witness credibility; the State did not oppose.
- A.L. testified at age 13 about Lusk rubbing her back and touching her inappropriately in Lusk's basement; she reported it years later to her mother.
- C.L., age 9 at trial, testified Lusk touched his penis and, in another incident, touched him over clothing; he described the sensations and reactions.
- Tammera Bibbins, a forensic interviewer, testified generally about delayed disclosure, age-related reactions, interfamilial victimization, and that abuse can occur with others present.
- The district court admitted Bibbins’ testimony; Lusk was convicted on both counts and sentenced to consecutive terms up to 25 years each.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Lusk contends victims’ statements are inconsistent and lack detail. | Inconsistencies show testimony cannot support guilt. | There is substantial evidence supporting the convictions. |
| Admission of expert testimony (vouching) | Bibbins’ general testimony about abuse dynamics aids the jury. | Her testimony vouches for credibility and crosses into improper vouching. | The district court did not abuse its discretion; no improper vouching occurred. |
Key Cases Cited
- State v. Showens, 845 N.W.2d 436 (Iowa 2014) (sufficiency standard; review with deference to jury credibility choices)
- State v. Hutchison, 721 N.W.2d 776 (Iowa 2006) (jury resolves conflicts and weighs credibility)
- State v. Liggins, 557 N.W.2d 263 (Iowa 1996) (jury may believe or disbelieve testimony; credibility determinations rest with jury)
- State v. Lopez, 633 N.W.2d 774 (Iowa 2001) (exception to admissibility for credibility when testimony is self-contradictory)
- State v. Jaquez, 856 N.W.2d 663 (Iowa 2014) (experts may testify about demeanor generally, but not to specific credibility of witnesses)
- State v. Dudley, 856 N.W.2d 668 (Iowa 2014) (credibility is a jury function; expert cannot opine on guilt/innocence)
- State v. Smith, 508 N.W.2d 101 (Iowa Ct. App. 1993) (early discussion of when testimony may be inconsistent or unbelievable)
- State v. Jefferson, 574 N.W.2d 268 (Iowa 1997) (preservation of issues for appeal requires district-court ruling)
